This book addresses the legal feasibility of ethnic data collection and positive action for equality and anti-discrimination purposes, and considers how they could be used to promote the Roma minority's inclusion in Europe. The book's central aim is to research how a societal problem can be improved upon from a legal perspective. The controversy surrounding ethnic data collection and positive action severely limits their use at the national level. Accordingly, legal and political concerns are analysed and addressed in order to demonstrate that it is possible to collect such data and to implement such measures while fully respecting international and European human rights norms, provided that certain conditions are met. Part I focuses on ethnic data collection and explores the key rules and principles that govern it, the ways in which this equality tool could be used, and how potential obstacles might be overcome. It also identifies and addresses the specific challenges that arise when collecting ethnic data on the Roma minority in Europe. In turn, Part II explores positive action and the broad range of measures covered by the concept, before analysing the applicable international and European framework. It reviews the benefits and challenges of implementing positive action for Roma, identifies best practices, and gives special consideration to inter-cultural mediation in the advancement of Roma inclusion. The book concludes with an overview of the main findings on both topics and by identifying three essential elements that must be in place, in addition to full respect for the applicable legal rules, in order to combat discrimination and achieve the inclusion of Roma in Europe by complementing existing anti-discrimination frameworks with the collection of ethnic data and the implementation of positive action schemes.

This important new volume analyzes relations among America's minority groups, specifically the prospects of political coalitions among those usually unrelated groups: African Americans, Asian-Americans, Latinos, Jews, Arab-Americans, and Native Americans. At the end of the 20th century, the United States is faced with a situation where minority groups are no longer assimilating but rather are moving toward separate mini-societies, complete with separate languages, cultures, and economies. Even if society accepts the notion that cultural pluralism is consistent with democratic principles, the possibility of political hyperpluralism (endless and nonproductive conflicts among groups) is disturbing. This volume, therefore, attempts to address the concerns, examining the background of minority organizations, voting behavior issues, and coalitional possibilities. This volume will be of interest to scholars and students alike in American government and ethnic and minority politics.

This book explores how new governments and societies deal with a legacy of past repression, in Portugal, Spain, the countries of Central and Eastern Europe and Germany after reunification, as well as Russia, the Southern Cone of Latin America and Central America, as well as South Africa. It looks at official truth commissions, trials and amnesties and purges and unofficial social initiatives to deal with the past. The book also assesses the significance of forms of reckoning with the past for a process of democratic deepening as well as the importance of international actors in shaping policies to deal with past legacies in some of the countries examined.

This book analyses large-scale land investments for agricultural purposes in Africa's least developed countries from a law and economics perspective. Focusing on the effects of foreign land investments on host countries' local populations and the apparent failure of international law to create incentives to offset them, it also examines the legal and economic mechanisms to hold investors accountable in cases where their investment leads to human rights violations. Applying principal agent and contract theory, it elucidates the sources of opportunism and develops control mechanisms to ameliorate the negative effects. It shows that although judicial mechanisms fail to deliver justice, international law offers alternatives to safeguard against arbitrary and abusive state and investor conduct, and also to effectuate human rights and, thus, tackle opportunistic behaviour.

Stories of women of peace, justice and rights, who have distinguished themselves in a world ruled by men. Women who have made a decisive contribution to the vindication of rights or the drafting of legal treaties, some of which are in force to this day. Sometimes promoters, at others formidable supporters, all have worked without reserve, with the courage of those who never stop believing. Opposed and hindered, they have nevertheless managed to impose themselves with the strength of their ideas, achieving, in the end, prizes and recognition. Their stories are usually little-known, but it is especially their humanity that makes them role models. The book reports their captivating personal, human and professional experiences, all lived in the advancement of human progress. To this day, our society is indebted to their battles and their victories.

This reference provides a comprehensive survey of human rights in Judaism. It includes both theoretical discussions of the nature and substance of human rights and practical applications of that theory either by Jews or to Jews. While numerous dissertations and audio-visual materials focus on human rights and Judaism, the bibliography is limited to books and articles. The majority of the works have been written in English or Hebrew, but significant studies in other languages, chiefly French and German, have also been included. The volume contains more than 700 citations, each accompanied by a descriptive annotation.

The book begins with an introductory essay that examines the basic concerns of the works that follow. The annotated entries are then presented in five chapters. The first chapter includes anthologies, references, and periodicals. The second chapter includes studies of human rights in the Bible and Talmud. The third chapter includes works on Jewish theories of human rights. The fourth chapter, broken down into smaller sections, includes works on Judaism and particular human rights. The fifth chapter contains entries for works on contemporary Judaism and human rights. The volume concludes with author, title, and subject indexes.

This book adds impetus to the nexus between human rights, human rights education and material reality. The dissonance between these aspects is of growing concern for most human rights educators in various social contexts. The first part of the book opens up new discourses and presents new ontologies and epistemologies from scholars in human rights, human rights education and human rights literacies to critique and/or justify the understandings of human rights' complex applications. Today's rapidly changing social contexts and new languages attempting to understand ongoing dehumanization and violations, put enormous pressure on higher education, educators, individuals working in social sciences, policy makers and scholars engaged in curricula making.The second part demonstrates how global interactions between citizens from different countries with diverse understandings of human rights (from developed and developing democracies) question the link between human rights and it's in(ex)clusive Western philosophies. Continuing inhumane actions around the globe reflect the failure of human rights law and human rights education in schools, higher education and society at large. The book shows that human rights education is no longer a blueprint for understanding human rights and its universal or contextual values presented for multicomplexial societies. The final chapters argue for new ontologies and epistemologies of human rights, human rights education and human rights literacies to open-up difficult conversations and to give space to dissonant and disruptive discourses. The many opportunities for human rights education and literacies lies in these conversations.

Recent developments in the European integration process have raised, amongst many other things, the issue of linguistic diversity, for some a stumbling block to the creation of a European democratic polity and its legal and social institutions. The solution to the 'question of language', involves an understanding of the role played by natural languages and the consequent design of policies and institutional mechanisms to facilitate inter-linguistic and intercultural communication. This is not an exclusively European problem, and nor is it entirely new, for it is also the problem of linguistic majorities and minorities within unitary nation-states. However, the effects of globalization and the diffusion of multiculturalism within nation-states have given renewed emphasis to the question of language in diverse societies. Facing the question anew involves reconsidering traditional ideas about social communication and the public sphere, about opinion-formation and diffusion, about the protection of cultural and linguistic minorities, and about the role that language plays in the process of formation of political and legal cultures. This volume is intended as a multidisciplinary contribution towards studying and assessing the range of problems that form the 'language question' in Europe and diverse societies.

This study established an intellectual profile of Albert Gallatin through his vision of government's role in a democratic republic and the republic's role in the community of nations. Only through a comprehensive analysis of Gallatin's political and diplomatic activities can the student of history learn to see his actions as expressions of clearly formulated principles. Gallatin was much more involved in the shaping of administrative policy than has been recognized. Moreover, he followed his unique Gallatinian approach to domestic policy as well as international diplomacy, always in pursuit of one paramount objective: the preservation of individual liberty within the context of a republic.

Garret deals with the issue of humanitarian intervention, of which the recent Kosovo conflict provides a prime example. Even though the writing of this book was completed before NATO began its intervention on behalf of the Kosovars, the book provides a valuable background for assessing the Kosovo issue--it lays out the history of previous humanitarian interventions and analyzes the controversies surrounding them. Garret provides a sophisticated framework by which such interventions can be evaluated both morally and pragmatically. His book offers some particularly relevant material on the American role in humanitarian interventions. This book is valuable for those who wish to make sense of the pros and cons of humanitarian efforts in international hot spots, like Kosovo.

After an analysis of the legal and philosophical issues bearing on the idea of humanitarian intervention, defined as the use of force by one or more states to remedy severe human rights abuses in a particular country--this study focuses upon the moral duties that individual members of the international community have toward the welfare of others. Recent events have indicated that humanitarian intervention will likely play a larger role in international relations in the future. Examples in the contemporary period include Kosovo Somalia, Liberia, Haiti, the Kurds in Iraq, Uganda, and East Pakistan. This book emphasizes the role of the United States in humanitarian intervention and argues that increased American involvement is essential.

Garrett suggests that the American people as a whole may be more prepared to see the United States take an active role in humanitarian intervention than are certain media and government elites. Strong national leadership that stresses the moral duty of the United States will be necessary to tap this latent altruism in order to contribute to higher standards of international human rights. Individual topics include assessment criteria for the moral legitimacy of intervention, unilateral versus multilateral efforts, and factors that appear to persuade or dissuade states from participating in such intervention. This volume focuses on certain themes and patterns in humanitarian intervention, which are then illustrated by using historical data taken from a variety of different examples.

In "The Last Crusade, " Gerald McKnight examines the Poor People's Campaign, the last large-scale demonstration of civil rights-era America, and the systematic efforts of FBI director J. Edgar Hoover and his executive officers to subvert King's ambitious effort to force the federal government to live up to its promises of a Great Society. The book also looks at King's last days as he helped Memphis sanitation workers in their labor-cum-civil rights struggle with a recalcitrant and racist city government. Although there is no persuasive evidence that the FBI and the Memphis police conspired to assassinate King, McKnight marshals evidence to show that neither agency was blameless.The conventional view of the Poor People's Campaign is that it was a self-inflicted failure. The blame rested squarely on the shoulders of the second-raters of the Southern Christian Leadership Conference who failed to fill the leadership vacuum after King's assassination. But, as McKnight shows, there was a hidden, dark counterpoint to the accepted version--namely, the triumph of the 1960s American surveillance state and its repressive power and flagrant violation of protected freedoms. In fact, whatever the FBI wanted to do to disrupt the Campaign, it did, aided and abetted by local police agencies and elements of the federal government, including military intelligence.

The height of colonial rule on the African continent saw two prominent religious leaders step to the fore: Desmond Tutu in South Africa, and Abel Muzorewa in Zimbabwe. Both Tutu and Muzorewa believed that Africans could govern their own nations responsibly and effectively if only they were given the opportunity. In expressing their religious views about the need for social justice each man borrowed from national traditions that had shaped policy of earlier church leaders. Tutu and Muzorewa argued that the political development of Africans was essential to the security of the white settlers and that whites should seek the promotion of political development of Africans as a condition of that future security. Desmond Tutu and Abel Muzorewa were both motivated by strong religious principles. They disregarded the possible personal repercussions that they might suffer as a result of their efforts to alter the fundamental bases of their colonial governments. Each man hoped to create a new national climate in which blacks and whites could cooperate to build a new nation. Each played a part in eventual independence for Zimbabwe in 1980 and for South Africa in 1994. Mungazi's examination of their efforts reveals how individuals with strong convictions can make a difference in shaping the future of their nations.

Laham analyzes perhaps the most politically controversial element of Reagan's conservative agenda, involving his attempt to curtail federal enforcement of civil rights laws. The book focuses on the major initiatives Reagan pursued in his attempt to curb enforcement of those laws: first, his efforts to reform affirmative action by prohibiting mandatory employer use of minority and white female hiring goals, and second, his veto of the Civil Rights Restoration Act. Reagan's academic critics argue that the president was politically motivated in his efforts to curtail federal enforcement of civil rights laws by his desire to appeal for the support of working-class whites, many of whom harbor racial resentments against minorities. Reagan's historical reputation suffers from his attempt to curb enforcement of those laws, which has fostered charges by his critics that he was cynical and manipulative, though outwardly pleasant and likable; a president who shamelessley played the race card for his own political gain. Laham challenges the conventional notion that Reagan was an ardent practitioner of the politics of racial division. Rather, he argues that Reagan's civil rights policy was determined by his philosophical commitment to colorblind justice and limited government, two core principles of his conservative agenda. This is a controversial survey important to students and scholars of contemporary American politics, public policy, and race relations.

After years of widely acknowledging race discrimination in higher education, American government leaders, college and university officials, and at-large citizens today question the need for civil rights laws and policies. Within an important sector of the public higher education community -- roughly nineteen states that used to operate laws separating students by race -- dispute focuses upon systemwide Title VI enforcement. Two interpretations of Title VI enforcement coexist. Among conservatives, absence of continuing discrimination and continuing good faith effort signal an end to the need for government enforcement. Among more liberal stakeholders, past enforcement has been weakly undertaken despite past and currently increasing evidence of continued discrimination.

Closely reviewing evidence of past and current enforcement, Williams presents a reinterpretation: Considerable evidence of continued discrimination exists, but weak design and limited implementation provides an incomplete picture of past and current enforcement. Weak federal enforcement establishes a context for previously unrecognized unofficial state responses, and unofficial responses display important elements of a generic race relations ritual first chronicled in largely forgotten humanities and sociological literature from the 1960s. An important study for scholars, students, researchers, and policymakers of contemporary American education and race relations.

"Andrews does a superb job in offering solutions to familiar problems for African Americans. Complete with charts, graphs, facts and figures, the author provides readers with a vivid display of how the scales of equality, wealth and power are tipped against people of color."
--Upscale

"Andrews' aim is to paint an intellectually defensible and decidedly anti-conservative picture of the complicated tie between race and economic wellbeing."
--Booklist

"Fiery, passionate, and provocative, but also unflinchingly rigorous in its argument. It is rare for an economist to write with such fire bolstered by such a commitment to logical reasoning."
--William A. Darity, Jr

"Marcellus Andrews has written a fascinating and theoretically grounded account of the relationship between America's market economy and the prospects faced by African Americans."--"The Journal of Economic Issues"

Popular liberal writing on race has relied on appeals to the value of "diversity" and the fading memory of the Civil Rights movement to counter the aggressive conservative assault on liberal racial reform generally, and on black well-being, in particular. Yet appeals to fairness and justice, no matter how heartfelt, are bound to fail, Marcellus Andrews argues, since the economic foundations of the Civil Rights movement have been destroyed by the combined forces of globalization, technology, and tight government budgets.

The Political Economy of Hope and Fear fills an important intellectual gap in writing on race by developing a hard-nosed economic analysis of the links between competitive capitalism, racial hostility, and persistent racial inequality in post-Civil Rights America. Andrewsspeaks to the anger and frustration that blacks feel in the face of the nation's abandonment of racial equality as a worthy objective by showing how the considerable difficulties that black Americans face are related to fundamental changes in the economic fortunes of the U.S.

The Political Economy of Hope and Fear is an economist's plea for unsentimental thinking on matters of race to replace the mixture of liberal hand wringing and conservative mythmaking that currently passes for serious analysis about the nation's racial predicament.

This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective on the immigration framework, together with the evolution of European and international political decisions on the management of immigration. Readers will be introduced to new international decisions on the protection of human rights, together with international measures concerning the detention of immigrants. In recent years, International Law and European Law have converged to develop measures for combatting irregular immigration. Some of them include the criminalization of illegally entering a member state or illegally remaining there after legally entering. Though migration has become a great challenge for policymakers, legislators and society as a whole, we must never forget that migrants should enjoy the same human rights and legal protection as everyone else.

Journalists have thoroughly documented David Duke's rise to prominence in Louisiana politics, but until now, few intensive analyses of the Duke phenomenon have been undertaken. This new collection identifies the significant junctures of Duke's political career, from its earliest beginnings to his recent campaigns for Governor, the Senate, and the Presidency. Through a variety of methods and approaches, the contributors to this work advance our understanding of what made this former Klansman a significant political force, and of how and why he very nearly succeeded in his attempts to gain higher office. The authors contend that the racial overtones of the 1950s and 1960s, both explicit and implicit, have returned in the 1990s in a more subtle, polished, and somehow socially acceptable way. They argue convincingly that changes in electoral politics throughout the South provide the structural basis for this "rebirth" of racially charged political campaigns. Even as messenger supplanted message in the rise of David Duke, however, one simple observation remained true: The politics of the South - and Louisiana in particular - remain rooted at least partly in, as V.O. Key phrased it, "the Negro question". The first work to study Duke and the politics of race entirely from a rigorous political science perspective, this collection makes a considerable contribution to our understanding of Duke's popularity, his constituencies, and the reasons for both his successes and his failures.

Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise. An attempt is made to answer the question how a legal order's approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency. The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.

Speech, Media, and Ethics: The Limits of Free Expression is an interdisciplinary work that employs ethics, liberal philosophy, and legal and media studies to outline the boundaries to freedom of expression and freedom of the press, defined broadly to include the right to demonstrate and to picket, the right to compete in elections, and the right to communicate views via the written and electronic media. Moral principles are applied to analyze practical questions that deal with free expression and its limits.

This collection of speeches by Amelia Jenks Bloomer, a 19th-century feminist reformer, explores women's issues and lives during the period from 1850 to 1880. Bloomer lived in Seneca Falls, New York, and was the founder of a woman's newspaper, the Lily. She supported dress reform and was internationally famous for her introduction of bloomers. She was a staunch supporter of women's rights and worked closely with Susan B. Anthony and Elizabeth Cady Stanton, whom she introduced to one another. Bloomer was an extremely popular public speaker who traveled throughout New York State and the mid-West lecturing on temperance and greater opportunities for women in employment and education. This volume is the only collection of her speeches, and Coon's introduction creates a narrative of Bloomer's life as the story of a shy, modest woman whose commitment to reform and the endorsement of a new style of women's dress catapulted her into public life.

With a foreword by Prof. Paolo Palchetti The topic of this book is the participation of the EU in international dispute settlement. It aims to provide the reader with an appraisal of the most problematic aspects connected with the participation of a sui generis legal subject such as the EU to international dispute settlement mechanisms in a State-centric international law. In particular, the publication dwells on the question of how to make possible an effective participation in disputes while at the same time preserving the specific characteristics (i.e. the autonomy) of the EU legal order. It does so by outlining different models and proposing the internalization model adopted under EU investment agreements as a possible paradigm. It is aimed at academics, practitioners and graduate students as well as EU officials and judges who should find the issues discussed both useful and of interest for staying up-to-date on the scholarly discussion and of their relevance to case law. Luca Pantaleo is a Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. He obtained a PhD in International and EU Law in 2013 at the University of Macerata in Italy and was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg. Specific to this book: * Provides an up-to-date analysis of a current problem* The topic of the book is located at the intersection between international and EU law* Fills an important gap in the available literature

Libya faces a bleak humanitarian crisis, the result of the country's descent into civil war in the summer of 2014 following the 2011 revolution. Hundreds of thousands of Libyan citizens are uprooted within the country and many more are sheltering in neighboring states, particularly Tunisia. Drawing on in-depth interviews with policymakers, practitioners, and displaced Libyans both inside and outside the country, Megan Bradley, Ibrahim Fraihat, and Houda Mzioudet present a brief, yet thoroughly illuminating assessment of the political, socioeconomic, security, humanitarian, and human rights implications of the continued displacement of Libyan citizens within and outside their country. Assessing the complex dimensions and consequences of the situation, Libya's Displacement Crisis lays the groundwork for what comes next. Acknowledging that the resolution of this crisis hinges on a negotiated end to the Libyan civil war, the authors present ideas to improve assistance strategies and to support durable solutions for displaced Libyans with implications for refugee crises in other parts of the world, including Syria and Iraq. Georgetown Digital Shorts -- longer than an article, shorter than a book -- deliver timely works of peer-reviewed scholarship in a fast-paced, agile environment. They present new ideas and original texts that are easily and widely available to students, scholars, libraries, and general readers.

Prisoners' rights is an area of constitutional law that is often overlooked. Combining an historical and strategic analysis, this study describes the doctrinal development of the constitutional rights of prisoners from the pre-Warren Court period through the current Rehnquist Court. Like many provisions in the Bill of Rights, the meaning of the Eighth Amendment's language on cruel and unusual punishment and the scope of prisoners' rights have been influenced by prevailing public opinion, interest group advocacy, and--most importantly--the ideological values of the nine individuals who sit on the Supreme Court. These variables are incorporated in a strategic analysis of judicial decision making in an attempt to understand the constitutional development of rights in this area.

Fliter examines dozens of cases spanning 50 years and provides a systematic analysis of strategic interaction on the Supreme Court. His results support the notion that justices do not simply vote their policy preferences; some seek to influence their colleagues and the broader legal community. In many cases there was evidence of strategic interaction in the form of voting fluidity, substantive opinion revisions, dissents from denial of certiorari, and lobbying to form a majority coalition. The analysis reaches beyond death penalty cases and includes noncapital cases arising under the Eighth Amendment, habeas corpus petitions, conditions of confinement cases, and due process claims.

The oppression of minorities has been a major theme in the history of Europe. It has been a leading cause of disputes over territory, often resulting in war. In modern times nation states have demanded the undivided loyalty of their citizens. This has led to discrimination and racism, and often to the persecution, at its most extreme in the Nazi crusade against the Jews. Recent years have seen Ceausescu's persecution of Hungarians and ethnic cleansing in the Balkans. Minorities, represented by organisations such as the Basque ETA and the Northern Irish Catholic IRA, are also responsible for many of acts of terrorism.
Outsiders is the first history of all European minority communities by a single author. Panikos Panayi deals with the classic dispersed minorities, the Jews and the Gypsies, as well as the Muslims of the Balkans and the massive diaspora of Germans in eastern Europe from the middle ages to 1945. Almost all countries have disadvantaged ethnic and linguistic minorities: whether minorities without their own states, such as the Bretons, Scots, Vlachs and Kurds; or those, such as the Russians in Estonia or the Greeks in Turkey, who form linguistic and ethnic groups different to the native majorities. During wars, and in particular the Second World War, the existence of alien communities often led to persecution, in turn bringing about huge refugee migrations. The result has been untold suffering and the massive resettlement of European populations.
Since the Second World War, the demand for cheap labour has led to an influx of immigrants from outside Europe, whether from the Caribbean, India or Africa. This followed an earlier wave, in which workers from the relativelypoor Mediterranean countries travelled north to the industrial heartlands. There has also been a massive migration westwards of German-speakers. Although all EEC countries now operate strict controls on immigrants, there is enormous pressure from both the east, following the fall of Communism, and from the third world, where birth-rates greatly outstrip that of Europe. The existence of this pressure, as well as that of already sizeable non-European minority communities in all European countries, is an inevitable determinant of Europe's history in the twenty-first century.